That is, assuming it ever was. But as a marketer, I often wonder what advice trademark attorneys offer to their clients on enforcement in the Internet age.

Every day, I visit websites that make use of (almost certainly) unauthorized photos, logos, videos, slogans and any kind of content you can think of. Multiply that by billions of Internet users, and you get a sense of the scope I’m talking about. Some is copyright infringement, some is trademark infringement. To attorney specialists, there’s a distinction. But to marketers, the entire area is fraught with questions, no matter what kind of infringement may be happening.

I know that at least some policing is taking place, because I occasionally run across a YouTube video with a message saying it’s been removed at the request of the owner. But how does an owner assert trademark or copyright ownership in the digital Wild West that is the Internet?

We’re careful about any assets we use in major campaigns. But we also send out tweets, create Facebook items and write blog posts on behalf of our clients. Are we liable for retweeting something that may contain an unauthorized use of an image or logo? Is there a primer somewhere that advises marketers and others on how best to avoid legal jeopardy in these areas?

I realize that the strictest level of enforcement is virtually impossible, and probably always has been. But the Internet ratchets things up considerably. It would appear that only the most selective kind of enforcement is possible, mainly for practical and financial reasons.

But is selective enforcement just? How does one make the determination on which unauthorized uses to vigorously pursue? The ol’ sternly worded letter may be the default position.

I realize this post raises more questions than it answers. But I don’t have answers – I have questions. Perhaps the DuetsBlog community can offer some insight.

Duets Blog Authors

Steve Baird

Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...

Jessica Gutierrez Alm

I wasn’t planning to be a lawyer. At least that was my thinking as I began law school. This degree was going to give me a leg up in my efforts to enter the business world. Lawyers live in the grey — where there’s never a right answer, only possibilities — and the favorite lawyer answer for any seemingly yes-or-no question: “it depends.” More...

Wes Anderson

As far back as I can remember, I've been fascinated with graphic design, visuals, and branding. I like to trace this back to my seventh birthday, when I was presented with a copy of Marc Okkonen’s Baseball Uniforms of the 20th Century. More...

Tiffany Blofield

Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...

Martha Engel

Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...

Brent Lorentz

Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...

Timothy Sitzmann

I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...

Brad Walz

My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...